The terms of service (“Terms of Service”) of Skillex OÜ (“Skillex”, “we”, “us”, “our”) are valid from 17.06.2018.
1. PURPOSE, AVAILABILITY AND BINDING EFFECT
These Terms of Service set forth the terms and conditions to your access to and use of Skillex`s platform and services, as defined below.
We will grant you access to our platform after you have accepted the Terms of Service (detailed in section 3 below) and thus entered into a binding membership agreement (“Agreement”) with us on terms contained herein. Your access will be available during the validity of the Agreement.
The Terms of Service are disclosed on our website skillex.com (“Website”). Please note that we may change the Terms of Service from time-to-time, among other, pursuant to change in legislation, the need to develop our services and platform and enhancing our security measures. We will notify you well in advance of any change, if possible.
Please read through the Terms of Service carefully. We trust that you feel comfortable with the regulation of Terms of Services from the moment of their acceptance.
2. OUR PLATFORM, OUR SERVICES
We have developed an internet-based learning platform (“Platform”).
Our services (“Services”) are available on the Platform. We may offer, among other, following Services:
✓ regular courses led by world-class inspiring lecturers;
✓ single events (etc. seminars, workshops, conferences);
✓ access to Skillex community;
✓ cartoons for kids.
We will, on regular basis, notify you of upcoming courses and events on the Website and also via email. Please always read through the information package about the course or event that you are planning to participate in. The information package contains exact details about the course or event and also participation recommendations.
3.1. The Platform and our Services are available only to our members. You can become our member by entering into an Agreement with us (detailed in section 4). Your membership will be valid throughout the validity of the Agreement.
3.2. Your membership will contain access to the Platform and the possibility to participate in all courses, as well as access to the Skillex community. You are warmly welcomed to participate in all our events, but kindly note that these will be charged extra based on our price list.
4. ENTRY INTO AGREEMENT, ACTIVATION OF MEMBERSHIP, VALIDITY OF THE AGREEMENT
4.1. For entering into Agreement with us, please fill in the sign-up form, accept Terms of Service and submit the sign-up form (available on the Website). Please note that by submitting the sign-up form and accepting these Terms of Service, you confirm that you have submitted accurate and correct data in your sign-up form.
4.2. After we have received your sign-up form, your personal account (“Account”) will be created via which you can access the Platform and Skillex Community.
4.3. Before you can commence using any Service you must first activate your Account. For activating your Account starting from 15.08.2018 please purchase a subscription in accordance to our price list. We may impose other requirements on the activation of the Account.
4.4. For protective reasons we reserve the right to refuse entering into the Agreement with any person without the requirement to disclose the reason for not entering into the Agreement. No person shall be entitled to any compensation on any grounds should we choose not to enter into the Agreement with any person.
4.5. Your Agreement will be valid during the duration of the membership package you have chosen.
5. TERMS AND CONDITIONS OF THE AGREEMENT
5.1. The Agreement between you and us will be concluded on terms set forth in the Terms of Service and our price list (available on our Website).
5.2. We have the right to unilaterally change the Terms of Service and our price list at any time, by publishing the new wording of the Terms of Service and price list, together with the changes made, on our Website. We aim to change the Terms of Service only when there exists reasonable justification.
5.3. The Agreement and other documentation on the provision of Services and functionality of the Platform are prepared and are valid in English.
6.1. You may be entitled to a certificate only after having completed our regular course, passed the final exam, depending on the course’s specifics and being active in community forum. The certificate will prove that the recipient has successfully passed our course.
7. FUNCTIONALITY AND USE OF THE PLATFORM
7.1. The use of the Platform will enable you to use our Services. You are responsible and liable for using the Platform in a legal manner.
7.2. The Platform may only be used to the extent of and for the purposes of and aims for which the Platform’s functionality has been created and made available to you. The use shall be in accordance with the Terms of Service, the guidance and instructions available in the Platform’s support environment, as well as with good practice and legal acts.
7.3. We are not responsible for ensuring that the Platform, Skillex Community and/or Services fit your expectations and legal requirements valid in the country of your origin. We do not guarantee any results as an outcome of our expert courses.
7.4. We shall do anything reasonably expected to ensure that the Platform and Services are available to you, function securely, and are comfortable to use.
7.5. Kindly note that you may not access or use our Platform: (1) for production purposes, or (2) for competitive purposes, or (3) for intermediating our Service to third parties.
7.6. We have the right to restrict your use of the Platform and Services also on other grounds. You shall not be entitled to any compensation on any grounds should we choose to restrict, suspend or terminate your use of the Platform.
7.7. We have the right to carry out planned and unplanned repair, development and maintenance works on the Platform. We have the right to temporarily restrict access to the Platform if it is necessary for amending, maintaining or updating the Platform, due to maintenance works done by third parties, and other cases that emerge from legal acts or decisions of competent authorities. If possible, Skillex shall provide a notice of works to be carried out on Skillex`s Website, to your email address and/or in another manner.
8. ACCESS AND USE OF YOUR ACCOUNT
8.1. Upon the creation of your Account, you shall set credentials that enable you to log in to the Platform and Skillex Community. Please keep your credentials secret and prevent them from falling into the possession of third parties.
8.2. Please inform us of any of the following circumstances and we shall protect your Account:
(1) you have detected abuse of the Account;
(2) you have lost your credentials or your credentials have fallen into the possession of third parties.
8.3. You can contact us via e-mail address email@example.com.
9. MEMBERSHIP FEES, PAYMENT TERMS REFUND GUARANTEE
9.1. Skillex has the right to prescribe membership fees and other fees for the use of the Services. Our fees are disclosed on our Website. Please choose the most suitable membership package for your purposes.
9.2. Starting from 15.08.2018 (i.e. sign-up completed from 15.08.2018) we offer you a full refund on your paid membership fee in case you decide to cancel your membership and the Agreement within 14 days from entry into the first Agreement with us. Please just send us an e-mail at firstname.lastname@example.org during the referred period.
9.3. Payment of the membership fee shall take place on the principle of periodical prepayment, i.e., you pay in advance for each upcoming period (usually one calendar month) for the use of the Platform.
9.4. Starting from 15.08.2018 we shall issue you the first invoice after we have received your duly fulfilled sign-up form. Thereafter we issue you an invoice or payment request at the beginning of each billing period. All amounts invoiced are due and payable by the date marked on the invoice. Please make the payment duly.
9.5. If You are paying by credit card, then you authorize Skillex to charge your credit card or bank account or paypal account for all fees payable for each payment period. You further authorize Skillex to use a third party to process payments and consent to the disclosure of your payment information to such a third party.
9.6. Please note that after you have purchased a subscription you cannot change your membership package before the initial subscription period ends.You cannot change your membership package during the validity of the Agreement.
9.7 If you have purchased a subscription and wish to change it to another, please wait until the first subscription period has ended, since having an active subscription and purchasing another type of subscription at the same time will result having two subscriptions simultaneously.
9.8. Please note that we shall not return the made prepayments, including when:
(1) you have not used the Platform partly or entirely during the prepaid period;
(2) you or Skillex terminates the Agreement unilaterally.
9.9. If you delay with any payment for more than 10 calendar days, Skillex has the right to restrict your access to the Platform and refuse to provide the Services. Skillex also has the right to calculate fees for the period in which the above mentioned restrictions apply towards you.
9.10 After purchasing a periodical subscription (i.e. a 1 year or 2 year package) the user is obligated to pay the monthly payments for those packages during the time specified in the package. In case of any scenario resulting the stop of monthly payments eligible to Skillex, the user will remain in debt to Skillex, the user’s access to platform may be restricted and Skillex has the right to take any legal actions necessary.
10. INTELLECTUAL PROPERTY
10.1. The Platform, the Website and any parts and elements thereof (including databases and software, business names, trademarks, business secrets, domain names, seminars, courses, teaching material etc.) are and may be protected under the intellectual property rights that belong to Skillex.
10.2. During the validity of the Agreement, you may use the Services and utilize the functionality of the Platform, in compliance with the Agreement. Skillex does not give you any other licenses or rights and you shall not obtain intellectual property rights to the Platform or the Website.
10.3. You and any person accessing the Platform upon your authorization (hereinafter jointly “Obligated Persons”) may not change, copy, duplicate, distribute, process, translate, make extracts of, transmit, add to other databases or make available to the public the Platform, the Website or their parts, or use the intellectual property rights concerning the Platform or Website in any other way without the prior written consent from Skillex. The Obligated Persons also have no right to issue sublicenses for the use of the Platform, the Website or their parts, or create new intellectual property objects based on them. The Platform, the Website or any of their parts may not be sold, rented, licensed, interfaced with a system of the User or third parties, or used by any programs that overload or interfere with the work of the Platform or Website or distort the Contents, without the prior written consent from Skillex.
11. PROCESSING OF PERSONAL DATA
11.1. In order to provide the Service and perform the obligations set forth in the Agreement, Skillex shall process your personal data, including, when necessary, special categories of personal data. Processing of personal data shall be considered to include any operation or procedure performed with your personal data.
11.2. Skillex undertakes to maintain the security of your personal data and to use your personal data only for provision of the Service set forth in the Agreement.
11.3. Skillex will comply with the laws and regulations of the European Union in relation to personal data processing and protection.
12. TERMINATION OF THE AGREEMENT
12.1. Your Agreement shall be valid until you contact us at email@example.com and express your will to terminate the Agreement. Please note that this will not free you from any debt you might have to Skillex.Your Agreement shall be valid during the period set forth in the membership package chosen by you upon entry into the Agreement.
12.2. Either Party has the right to cancel the Agreement without notice if the other Party violates the terms of this Agreement and has not eliminated the violation within the additional reasonable period of time given.
12.3. Upon termination of the Agreement, we shall close your Account.
13. RESTRICTION OF LIABILITY
13.1. Skillex provides the Platform and its Services “as is”. Skillex does not give any promises or enter into commitments as to the specific functions available via the Platform, compliance with the local laws, usability for a special purpose, reliability, availability and suitability for your needs.
13.2. We shall not be held liable before you for the loss of profit of, pure economic damage, or non-patrimonial damage, as well as other indirect, special, consequential, warning or punishing damages. We shall also not be responsible for the damage and other consequences that have arisen due to the following reasons:
(1) adding of contents to the Platform by you, or any third party authorized by you, which is not in compliance with or not used in compliance with the Agreement, good practice or legislation;
(2) processing of personal data by you, if it is not in compliance with the GDPR;
(3) changes that have taken place in legal acts and their interpretation, their impacts on your activity of, and reflection of the respective changes in the Platform, unless it is obligatory for Skillex under the legal acts or a court decision made regarding Skillex;
(4) force majeure and other faults and disturbances that Skillex cannot affect, which prevent you from using the Platform, the Website and/or Services (e.g., interruptions in the internet connection, etc.);
(5) delays, interruptions, or failures in the use of the Platform, the Website and/or the Services due to planned maintenance and/or development works;
(6) processing of data by third parties to whom Skillex submitted the information with your consent;
(7) if Skillex becomes aware of a violation of law that was performed using the Platform or is still on-going, it shall eliminate it or restrict access to it, or take other active measures to end the violation of law or remove the consequences;
(8) the use of legal remedies by Skillex and the damage caused due to that to you or a third party, even if it becomes evident later that there was no violation;
(9) loss of Account credentials or their falling into the possession of third parties, or their use by third parties.
14. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
14.1. This Agreement is governed by the laws of Estonia.
14.2. The Parties shall attempt to resolve all disputes arising from or related to the Agreement by means of negotiations. The Harju County Court shall resolve disputes if the negotiations are unproductive.